USA > Minnesota > Redwood County > The history of Redwood County, Minnesota, Volume I > Part 53
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69
The only hanging in Redwood county was that of William Rose, convicted in the district court for the murder of Moses Lufkin. The hanging took place on the scaffold erected for that purpose in what is now the alley back of the Christian Church in the city of Redwood Falls. The victim, an elderly man, was assassinated in the town of Gales, in the county of Redwood, at the house of his relative, the witness, Slover, who was well acquainted with defendant, at about 8 o'clock in the evening of August 22, 1888. He was at the time seated on a lounge against the north window of the room, conversing with Slover. The window was uncovered, except with mosquito netting over the lower half, and the lower sash was raised. His left shoulder rested against the window casing, leaving a portion of his back exposed to view from the outside. While so engaged, he was suddenly shot, and immediately expired. The shot must have been fired from the outside, and the direction of the weapon adjusted by the assassin with reference to the height of the window above the ground, and within a few feet of it. The ball passed through the body of the deceased, and pieces of it were picked up afterwards in the room. Slover, who sat nine feet away, immediately "jumped" to the window, looked out, and testified that he saw a person fleeing in an opposite direction, about thirty feet away, whom he recognized to be the defendant, William Rose, who was well known to him, though he did not have a view of his face. Rose was duly indicted by the grand jury, was tried three times before the district court, the jury in each of the first two trials disagreeing, and on the third trial he was found guilty, was sen- tenced to be hanged, and the sentence affirmed by the supreme court, July 28, 1891.
John O'Connell was murdered at his home in Westline August 2, 1897. While suspicion was strongly directed, there was no evidence upon which an indictment could be secured.
474
HISTORY OF REDWOOD COUNTY
Gustav Metag killed Frederick Kuehn in Sherman township in the fall of 1897. He was convicted and sent to Stillwater for life. A number of influential citizens interested themselves in his behalf and he has recently been released. Kuehn had disposed of his farm to a man who leased it to Metag, but was still living in a shack on the place. Kuehn interferred with Metag's farming in various ways. At last, after a vigorous dispute over a question of grain threshing, Metag, in a heat of passion, ended Kuehn's life by shooting. Metag's sentence was subsequently commuted by the board of pardons, and he was thereafter released from the prison on parole by the board of paroles.
October 25, 1899, Frank E. Babcock, a well-to-do farmer living a mile and a half west of Redwood Falls, killed his wife and three boys, aged five, eight and fourteen years. He first shot his wife in the barn, then wrote a note saying that he had intended to shoot a rooster and killed her by mistake. Then he went out and shot the two younger boys where they were playing in the yard. The older boy was at work in a field about a half mile distant, and he next went out to him, bade him unhitch the horses from the plow, stepped back some distance and shot him, and then imme- diately ended his own life.
Willis Tibbetts, on September 2, 1909, killed his daughter, Dorothy, and a young lady, Cecil Morton, in Delhi township and then ended his own life.
Ira B. Pratt died November 16, 1910. It was alleged that his death was hastened by blows received at North Redwood. Virgil L. Mallett was arrested in connection with the death, charged with murder in the first degree and with manslaughter. He was tried in the district court, was convicted of assault and sentenced to six months in jail.
The Seaforth arson cases are still occupying wide attention in Redwood county. Thomas H. Jordan and M. E. Garvey, two energetic young land men from Iowa, acquired the hotel at Sea- forth and hired J. W. Keyes to operate it. This hotel, which was the finest in the county, was burned to the ground on Easter morning, 1915. A number of the occupants narrowly escaped with their lives. Previous to the fire, the owners had increased the insurance and made what was afterwards proved to be a bogus sale of the property to Keyes. The insurance companies and the state fire marshal at once began to investigate. Keyes, who was found by the fire marshal in Iowa, confessed that he set the fire at the instigation of Jordan and Garvey. He was taken to Minneapolis, where, with the fire marshal, stenographers listening on the wire, he called up Jordan and demanded money. Jordan, making some damaging admissions, sent him a check for $100 by his brother. A photograph of this check was afterwards introduced as evidence. Keyes was tried in the fall of 1915,
475
HISTORY OF REDWOOD COUNTY
pleaded guilty, and was sent to Stillwater. Jordan was tried in the fall of 1915 and the jury disagreed. He was again tried in the spring of 1916 and convicted. The trial of Garvey is yet to be had.
CIVIL CASES.
An attempt to tax railroad property in Redwood county re- sulted in a decision of the supreme court January 11, 1875, and that court affirmed the decision of Judge Cox that the lands had been illegally assessed and discharging them from the taxes, costs, penalties and the like incident thereto.
The case came before the court under the provisions of Sec- tion 120, Chapter 1, laws of 1874, the contention being over the question of whether the immunity from taxation enjoyed by the Transit Company lands had descended to the Winona & St. Peter Railroad Company.
It appeared that the lands sought to be subjected to taxation "were granted and conveyed by the government of the United States to the Territory of Minnesota, to aid in the building of said line of railroad, under and in pursuance of an act of Congress, ap- proved March 3, 1857, entitled 'An act making a grant of lands to the Territory of Minnesota, in alternate sections, to aid in the construction of certain railroads in said state'; and under an act of Congress, approved March 3, 1865, entitled ' An act extend- ing the time for the completion of certain land-grant railroads in the states of Minnesota and Iowa, and for other purposes'; and under and in pursuance of an act of Congress, approved July 3, 1866, entitled 'An act relating to lands granted to the State of Minnesota to aid in constructing rairoads'; and under and in pur- suance of certain acts of Congress amendatory of said acts.
"That said lands were, prior to the first day of January, 1874, conveyed by the governor of the State of Minnesota, and deeded to the said Winona & St. Peter Railroad Company, under and in pursuance of an act of the legislature of the Territory of Minne- sota, approved March 3, 1855, entitled 'A bill to incorporate the Transit Railroad Company'; and under and in pursuance of an act of the legislature of said Territory of Minnesota, approved May 22, 1857, entitled 'An act to execute the trust created by an act of Congress, and granting lands to the Transit Railroad Com- pany'; and under and in pursuance of an act of said legislature of the State of Minnesota, approved March 10, 1862, entitled 'An act to facilitate the construction of a railroad from Winona westerly by way of St. Peter'; and under and in pursuance of an act of the legislature of said State of Minnesota, approved March 4, 1865, entitled 'An act to authorize the Winona & St. Peter Railroad Company to consolidate with the Minnesota Central Railroad Company, and to bridge the Mississippi River.'
"That said lands were, at the date of the assessment therof
476
HISTORY OF REDWOOD COUNTY
for taxes of 1873, owned by the said Winona & St. Peter Railroad Company, and are still owned by the said company; and were, by the assessors, placed on the lists for taxation for the said year 1873.
"By Section 4, Sub-chapter 2, of the act of May 22, 1857, it is enacted that the lands granted by said act to the Transit Rail- road Company, 'Shall be and are exempted from all taxtion, until the same shall have been sold and conveyed by said com- pany.'" The decision was therefore rendered accordingly. (21 Minn., 315.)
The effort on the part of the county to collect taxes on land of the Winona & St. Peter Land Company occupied the attention of the courts for several years. Two important decisions were rendered in Brown county and two in Redwood county. The two Brown county decisions (38 Minn., 397) and (39 Minn., 380) were subsequently modified to accord with the Redwood county decision.
In the year 1886 certain lands in Redwood county then owned by the Winona & St. Peter Railroad Company and which had not hitherto been assessed for taxes were assessed by the county and for taxes for previous years, some for each year following 1869, others for each year following 1870 and others for each year fol- lowing 1871. Each parcel of land being assessed for each year subsequent to its conveyance by the state to the Winona & St. Peter Railroad Company and subsequent to the execution on October 31, 1867, of the contract between that company and D. N. Barney, Barney being succeeded by the Winona & St. Peter Land Company. None of the lands were assessed or any steps taken to enforce any taxes against them until 1866, when in pursuance with the provisions of General Statutes 1878, Chapter 11, Section 113, as amended by Laws of 1881, Chapter 5, and Laws of 1885, Chapter 2, Section 23. The county auditor entered them upon the assessment and tax books, assessed them, and extended taxes against them, on the tax list for the current year, for each year subsequent to the dates when the lands were conveyed by the state to the railway company, and included in the amount of such taxes interest thereon from the time they would have become delinquent had they been assessed in the proper years. The taxes so assessed remaining unpaid on the first Monday of January, 1888, were included in the delinquent list filed in the district court, and the Winona & St. Peter Land Co. answered, alleging its objections, which were overruled by Judge Webber, and judg- ment was ordered and entered for the amount of such taxes and interest, and also for a penalty of 10 per cent on such amount, as accruing June 1, 1887, and a further penalty of 5 per cent as accruing in January, 1888, because of non-payment. (General Statutes 1878, Chapter 11, Section 69, as amended by Laws 1885,
477
HISTORY OF REDWOOD COUNTY
Chapter 2, Section 15.) At the defendant's request, the case was certified to the Supreme court. The reason the lands were not assessed before 1886 was found by the court to be "That neither the township assessors nor the county officers in said Redwood county had any knowledge of the existence of the contract or agreement between the Winona & St. Peter Railroad Company and Barney (Exhibit W) until about the first day of September, 1886, and they presumed said lands were exempt from taxation."
All of the lands formed part of the land grant of the Winona & St. Peter Railroad Company, and were all included in the con- tract with Barney and others, the effect of which contract was (as held in the cases referred to in the opinion) to render them taxable immediately upon their conveyance by the state to the railroad company, although, by the terms of the grant, the lands granted were "exempted from all taxation until the same shall have been sold and conveyed by said company"; the court having held that the Barney contract was in effect a conveyance.
The case was appealed to the supreme court, was submitted at the October term of 1888 without argument and re-argued May 24, 1889. A motion by the plaintiff for another re-argument was denied June 3, 1889.
The lengthy opinion was to the effect that no penalties, inter- est, etc., could be assessed in this case against the land company, the company having had previously no opportunity to pay the original assessment. It was also held that the six-year statutes of limitation run against this land and therefore taxes could be col- lected for only six years. The matter was therefore remanded to the district court, to amend or modify its judgment so as to ex- elude or deduct therefrom all interest which was included in the amount of taxes as assessed and extended against these lands in 1886, also all penalties, and also all taxes barred by the statute of limitations. Accordingly the case went back to Judge Webber, who ordered that his judgment heretofore entered be vacated and "Ordered further that for the amount of taxes heretofore assessed and levied against said several pieces or parcels of land by the auditor of said county in the year 1886, for the year 1880, and all subsequent years, and now appearing on said delinquent lists, the said lands are liable, but not for any interest or penalties appearing thereon; and that the same is a lien," etc., and that, unless paid, the lands be sold, etc. On application of defendant the entry of judgment was stayed and the case again certified to the supreme court to determine whether taxes for the year 1880 not assessed until 1886 were barred by the statute of limitations previous to the filing of the delinquent list in January 1888 with the clerk of district court. The supreme court adhered to its previous decision in the Brown county cases that the taxes for 1880 were not barred.
478
HISTORY OF REDWOOD COUNTY
The county therefore received taxes on the land in question, beginning with the year 1880, but no liabilities for penalties for non-payment were incurred before the assessment of 1886. (40 Minn., 512) (42 Minn., 181).
The case of the State of Minnesota ex rel. George Holden vs. Village of Lamberton created much interest in the wet and dry circles of the county in the day when that question did not occupy the commanding position in the thoughts of the people that it does today. It appeared that an election was held at Lamberton in March, 1887, and that the "No license" ballots exceeded the license ballots by one. In June following the city council recan- vassed the vote, declared that one "No license" ballot was illegal, that the vote was therefore a tie, and consequently not against license. Licenses were accordingly granted. The case was brought before the supreme court on a writ of certiorari.
The court decided that: "The action of a village council in recanvassing the votes cast three months before, at an election under the local option law (such recanvassing not being a part of the election proceedings), is wholly unauthorized and with. out effect, and the writ of certiorari will not be allowed for the purpose of bringing it up for review.
"The granting of a license by the village council to sell intoxi- eating liquor is not an act of a judicial character for which such a writ will be granted.
"Courts will not review the action of public officials at the suit of an individual who has no peculiar interest therein.
"Therefore, the respondents' (the village officials) motion to quash the writ is granted." (37 Minn. 362.)
The misfortune of Amasa Tower in connection with his ad- ministration of the office of county treasurer came before the Supreme court, May 20, 1881, in an appeal from Judge Cox in the case of the board of county commisioners of Redwood county vs. Amasa Tower and his bondsmen. On the night of May 27, 1879, burglars broke into the court house and stole $1,099.66, consisting of county funds in Tower's custody, plus $50 which was a part of the state land fund. The county sued Tower and his bonds- men for the amount, and Tower secured a verdict from a jury. Tower and his bondsmen then filed an appeal against an order granting a new trial. The higher court held that Tower and his bondsmen were liable to the county for the full amount minus the $50, which was a part of the state land fund and for which he was responsible to the state. The order granting a new trial was therefore affirmed. Tower gave up his farm and all his property and went to the Dakotas where he homesteaded a piece of land in an effort to start life anew. He was there struck by lightning and instantly killed. (28 Minn. 45.)
Michael M. Madigan, for many years a member of the Red-
479
HISTORY OF REDWOOD COUNTY
wood county bar, former county attorney and former county superintendent of schools, served a term in the state penitentiary charged with perjury. His trial, his conviction, and his subse- quent efforts to have the records of his conviction set aside at- tracted state wide attention and was twice considered by the Supreme Court of the state.
Madigan was indicted by the grand jury on November 18, 1893, for the crime of perjury in swearing before a notary public on April 5, 1893, to an affidavit stating that he was attorney for Peter N. Romnes and that Halver T. Helgeson and Ole H. Mogan were indebted to Romnes in the sum of $500. Helgeson and Mogan were partners, dealing in merchandise at Belview, and were insolvent and applied for advice to Madigan who was an attorney practicing at Redwood Falls. He recommended them to make an assignment under Laws 1881, chapter 148, and over- looking laws 1889, chapter 30, amending that statute, had them make a note to Romnes for $500 antedated April 27, 1892, due November 1, 1892, on which he brought suit in Romnes' name April 5, 1893, and made this affidavit for and obtained a writ of attachment. They then assigned. They owed Romnes nothing and he never employed Madigan. The place of trial upon the in- dictment was on Madigan's motion changed to Brown county and he was on January 27, 1894, found guilty and sentenced to con- finement at hard labor in the state prison at Stillwater for a term of three years and three months. (57 Minn. 425.)
He petitioned for a new trial and the Supreme Court denied the appeal and affirmed his sentence. Upon his release from prison at the expiration of his sentence, Madigan returned to Redwood Falls and resumed the practice of law, and shortly thereafter, still feeling that his conviction was unjust, brought a proceeding to have the judgment of his conviction reviewed and set aside. The matter was heard before Judge Webber, then judge of the district court, and by him denied. Madigan then appealed to the Supreme Court where the ruling of the lower court was affirmed. (State vs. Madigan, 66 Minn. 10.) Thereafter and upon such affirmation the state bar association filed charges against Madi- gan asking for his disbarment, and he was thereupon disharred from the practice of law in this state. He then moved to Seattle, Washington, applied for admission to the bar of that state, which application was granted, and he there resumed the practice of law, remaining there for some five years and until his death ahout 1905.
William H. Hawk, clerk of court, was indicted by the grand jury June 16, 1880, charged with embezzlement. The action was dismissed December 11, 1882. Hawk was charged with misappro- priating some funds deposited with him by a private citizen. It was proven that as an official of the county, he was not the
480
HISTORY OF REDWOOD COUNTY
proper depository for the money and therefore on this technicality he escaped responsibility for his use of the funds. He escaped criminal responsibility for converting money to his own use.
The failure of the Citizens State Bank of Redwood Falls was the cause of several law suits, among which was that of the board of county commissioners against the Citizens State Bank of Red- wood Falls and others. This action was brought on a bond given May 2 1894, by the defendant bank as a depositary of county funds, pursuant to the provisions of G. S. 1894, sections 730, 731. The bond, after reciting that the bank had been duly designated as a depositary of the funds of the county for the term of two years from the date thereof, and had agreed to pay interest there- on at 2 per cent, per annum, on monthly balances, was condi- tioned that it-"Shall well and truly credit such interest on such monthly balances to said county, and shall well and truly hold such funds, with accrued interest, subject to draft and pay- ment at all times on demand, and shall well and truly pay over on demand, according to law, all of said funds which shall be deposited in said bank pursuant to said designation and said statutes aforesaid, and all of the interest so to be credited."
During the life of the bond the bank became insolvent, and made an assignment for the benefit of its creditors. At this time it was indebted to the county for county funds deposited with it in the sum of $3,642.74 which not having been paid on demand, is sought to be recovered from the sureties on the bond. The court directed a verdict in favor of the sureties upon the evidence, which disclosed the following state of facts: The bank had been designated depositary of county funds for the two years imme- diately preceding, and as such was indebted to the county in the sum of $5,341.79 for moneys deposited with it during that term. This first term being about to expire, and a second term, under a new designation, about to begin, for which a new bond was to be executed, the county treasurer and the officers of the bank made an arrangement by which the former drew his check on the bank for the amount of the balance, and received in ex- change therefor a draft on New York for an equal amount, with the understanding that he should never present or forward it for payment, but should hold it until after the new bond was deliv- ered and approved, and then redeposit it to the credit of the county. Defendant bank had no funds in the hands of the drawee with which to meet this draft, and as a matter of fact, if it had been presented for payment, it would have been dishonored. This arrangement was carried out, and on May 9 the county treas- urer returned the draft to the bank, which credited the county with the amount as a deposit of that date of so much money.
The account of the county was kept in the form of an open account, the same as that of any depositor, except, of course,
481
HISTORY OF REDWOOD COUNTY
that monthly balances were struck for the purpose of computing the interest to be credited to the county. Subsequently, from time to time, the county made deposits aggregating $14,618.16, and during the same time drew out various sums aggregating $16,- 317.21, leaving the balance due the county (including the $5,341.79) at the time the bank failed, $3,642.74.
In the suit before the district court a verdict was rendered in favor of the defendants on various technical grounds and a new trial denied. The Supreme Court found that the $5,341.79 due on the account at the end of the first term had been fully discharged by the subsequent payments, and the balance of $3,642.74, due when the bank failed, was properly referable and chargeable to moneys deposited during the second term, for which the defendants were liable on their bond. Hence the court erred in directing a verdict in their favor. The order was reversed, and a new trial ordered. (67 Minn. 236.)
JUSTICE COURTS.
A study of the justice courts is a most interesting subject, especially regarding their proceedings in the early days. Such a study, however, is beyond the scope of this work. In the days of the earliest settlers, the justice courts were flooded with many suits brought by irresponsible persons for spite purposes. To correct this evil, county commissioners on March 2, 1868, ordered that any persons bringing suit before any justice in the county should first give security for the cost. This resulted in a decided decrease in the number of justice cases heard in the county in the next few years.
MUNICIPAL COURT.
The city charter of Redwood Falls, approved by the legisla- ture, April 1, 1891, provided for a municipal court. H. D. Bald- win was appointed judge of this court and held his first session in June, 1891. He held his last session early in 1895. In a case early in that year, I. M. Olsen, now judge of this district, then a practicing attorney of Redwood Falls, raised the question of the legality of the court. The charter had passed the legislature by the necessary majority, but the vote lacked being two-thirds of the members of the legislature. By constitutional provision, a court can not be established in this state by less than two-thirds vote of the legislature, consequently, though the charter was per- fectly binding and legal, the establishment of the municipal court was not. The legislature being in session when Judge Olsen dis- covered this defect, chapter 229 of the General Laws of 1895, was accordingly passed. This act which, with the exception of the
482
HISTORY OF REDWOOD COUNTY
matter of appeal, was almost an exact duplicate of the municipal court enactment in the Redwood Falls charter was at once passed. D. A. Stuart, appointed municipal judge by the governor, held his first session in April, 1895. He held until the next election when H. D. Baldwin again became the judge, taking office in January, 1896. He was succeeded in January, 1899, by Joseph Chadderdon who served until the summer of 1902, when he died. He was succeeded in turn by A. R. A. Laudon, who was appointed by the governor and served until January, 1911, when he was suc- ceeded by the present judge, Finley A. Gray. The municipal court has the same criminal jurisdiction as a justice court and civil jurisdiction up to $500. Alfred C. Dolliff is the special municipal judge.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.